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Protect yourself again uncaring mold-lords with our Tenant Legal Notices to Landlords.

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More Landlord-Tenant Questions

        Q. Our basement has been leaking in our townhouse for about 6 months.  Every time it rains, more water comes in and mold grows on the walls.  Last time the mold grew, the manager came in and  cleaned it off with bleach.  I warned him that this may not be a safe way to remove it, but I wasn't touching it.  After a few more leaks, the mold grew back and I let it.  I got huge black spots all over the wall.  I took photos and called the health dept.  They tell me that I have no recourse because mold has not been 100% shown to cause health problems.  I guess basically these people don't want to dig around the foundation of these townhouses because there are many units having this problem.  I sent a certified letter telling them I would withhold rent if they did not answer my concerns.   Today, I received a letter telling me they had dry locked my basement several times, checked the drainage, and covered my window wells.  They have done what they can to minimize leaks and I should buy a dehumidifier.  To me, this is laughable.  I'm at the point now where I don't want to be evicted, but I'm tired of the leaking and the mold is scaring me because I don't know what kind it is.  Any advice you have would be helpful.  Is it always necessary to have a dehumidifier in a basement?  I mean, if it weren't leaking, the dehumidifier wouldn't be necessary, correct? [Sept. 24, 2003]

         A. With the recurring water problems and incessant mold growth, your family's health can be seriously harmed if your family continues to live in your townhouse.. Mold from the basement can easily grow into the floors and walls above the basement. Airborne mold spores can travel in air currents upstairs to sicken you family and to mold cross-contaminate your entire townhouse. You ought to seriously consider moving to a mold-safe place as soon as possible. Prior to moving your clothes and personal possessions, be sure to mold decontaminate your personal effects by utilizing the in depth ebook Do-It-Yourself Mold Prevention, Inspection, Testing, and Remediation [Mold Mart]. Otherwise, you might mold cross-contaminate where you move to.  If you want to put more pressure on your landlord to take care of your mold problems, please consider sending a Tenant Notice To Landlord About Mold, described at Mold Legal Notices.

        Q.
For 1 1/2 years I've been living in an leaky apartment that the property manager kept blowing me off about fixing the roof ,toxic mold areas in wall that is in  my children's bedroom and six months back into 1st moving in my children's doctor seen a pattern in there sickness runny nose upper respiratory problems and he wanted to know if there was any mold or mildew in apartment cause they had lots of symptoms of a person that has been exposed to mold, 2 yrs later the final results of this man not fixing the problem still going on fighting with him to fix the leaky roof has lead in my children having asthma there bedroom they cant even sleep, or enjoy there time in there own bedroom just being kids the wall is now breaking apart and caving in it has lots more mold on the inside of wall and I've had code enforcement out on June 11,2003. My doctor has given me a note stating my children are sick. the landlord is still refusing to fix this leak and remove the mold because there are not enough funds to do right now. When my lease is up I'm getting a grant for a house, but for now me and my fiancé and my children have no where else to go. That's why we have stayed in these conditions and I've called the health department and they were suppose to come out and never showed up, I really need some advise or help with this situation because unfortunately it's to late for the landlord to fix this problem before my children get sick, he can fix his apartment but I cant fix the damage that has already been done to my children. I need some one to email me back and let me know what to do. [June 18, 2003]
       
A. If your apartment were on fire, you would not hesitate to immediately take your family out of  it. Your apartment is on fire---environmentally from airborne mold spores and mold growth. The large damage to your family health will get only get worse for your family members each day that you continue to live in the mold hell apartment. Move now! Don't take any of your clothing or personal possessions with you until you have mold decontaminated them in accordance with the precise instructions provided for various types of personal property in the book Mold Health Book (2012 edition is now available at Mold Mart). If you want to pursue any legal rights you may have against your landlord for mold damage to your family health, mold damage to your personal property, and for the costs of moving, you need to get proof of the apartment mold infestation by having your apartment mold tested before your surrender possession of the apartment to your indifferent, uncaring landlord. You can use a Certified Mold Inspector or Do it yourself mold test kits available from a large hardware, home improvement, or safety store in your area. You should also photograph and videotape the visible mold growth and any visible water damage. If you want to find an environmental attorney in your area, please visit: Mold Lawyer.

           Q.
I've been living with my father in POINT LOMA California.  We are living in a rental unit and we have advised the management of the units of our mold problem.  For the past 2 years that I've been living here nothing has been done to get rid of the mold that is growing in closets (soiling clothes shoes etc.), the bathrooms and around the windows of the units. the carpets had been soiled due to a leak in the upstairs unit and all they did was bring dryers in. I attempt to clean especially the windows at least twice a month with bleach but it doesn't go away.  Twice this year I've been diagnosis with pneumonia and also various nasal/lung infections.  My father has renal failure and has constant infections with fluid in his lungs.  The landlord claim there is nothing it can do.  I'm am trying to retain a lawyer, but I really don't know what to do. My father has been in the rental unit for over 7 years.  Any help will be appreciated. [Feb. 2, 2003]
          A.
You and your father need to move immediately to a mold safe rental to avoid further destruction of your health because of the toxic mold exposure. If your apartment were on fire, you and your father would not hesitate to leave the place. Your apartment is on fire----with toxic mold.  The visible mold growth you have seen and tried to get rid of and the very serious health problems of you and your father are compelling evidence of the mold fire burning strongly in your rental unit. Do not move any of  your clothing or personal possessions without first decontaminating them of mold spores and any mold growth. Follow the decontamination procedures explained in Phillip Fry's book Do it yourself Mold Prevention, Inspection, Remediation, & Testing Guide. If you want to make a financial claim against your landlord for damage to your health and to your personal possessions and for the expenses of moving, you should also document the types and extent of mold species that have infested in your rental unit. The only way to do so [as possible legal evidence against your landlord] is to hire a Certified Mold Inspector for a thorough physical mold inspection and toxic mold test of your rental unit..   Once you have a report from the mold inspector with the toxic mold test results that prove that you have elevated levels of mold spores and/or mold growth in your apartment, then you need to locate an attorney who specializes in suing landlords over mold issues. Check with the referral section of your local bar [attorney] association, and look for environmental attorneys in your area in the reference book Martindale Hubbell Directory of Attorneys in the reference department of most larger public libraries. 

          Q. We've been in a rented home for 4 1/2 months, and I believe there may be an existence of mold which is causing respiratory problems. In the master bedroom there is a spot on one wall (where it meets the ceiling) that continues to expand with each rainfall. I have been experiencing breathlessness for the past 3 consecutive days,
which is consistent with the most recent rainfall. In addition to the leak, there is an automatic sprinkler system that waters the foundation of the home numerous times a day, everyday. Should I be concerned that this is the cause of my sudden respiratory issues? The majority of my day is spent at home, whereas my husband and child have work and school. We've previously informed the landlords of the leak (Oct-Nov timeframe), but have yet to receive a resolution of the possible mold threat. [Jan. 30, 2003]
         A. Yes, you should be very concerned about the possible mold threat and its likely injury to your family's health. Your first step is to air test your rented home's various rooms, attic, basement, crawl space, and hvac equipment and duct work for elevated levels of mold spores, which, if discovered, would be a good indication of a major mold infestation problem. You can hire the mold inspection and mold testing services of one of our Certified Mold Inspectors, or use do it yourself mold test kits.  You need to pay these inspection and testing expenses yourself to prove to your landlord [and maybe to a judge and jury some day to win financial damages from your landlord] that a mold problem actually exists. If there is a mold contamination problem, you can then ask for: (1) immediate reimbursement of your inspection and testing fees; (2) financial damages to cover your temporary mold safe housing elsewhere while the rental home is being mold remediated; (3) financial damages to pay for removal of mold spores from all of your clothing and personal property that are exposed to mold in the moldy house; and (4) financial damages to pay for having your family thoroughly tested for mold health problems [and of course for any medical care required to treat and cure any mold medical problems discovered by your attending physician]. Most likely, your landlord will refuse to pay anything, at which point you need to move at your own expense to a mold safe place to live, disinfect all of your clothing and personal possessions of mold spores and growth prior to moving them elsewhere, and hire a good local environmental attorney to pursue whatever legal rights you may have against the landlord.  You can read detailed directions on how to clean mold from all clothing and personal effects by reading Phillip Fry's book Mold Health Book (2012 edition).

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For mold inspection, mold remediation, and mold prevention for your real estate property anywhere in the world, please contact
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